ALBANY – An appeals court in Albany has upheld the constitutionality of New York’s sentencing scheme in noncapital first-degree murder cases, finding that the failure to entitle defendants to a sentencing jury does not violate equal protection or due process.
Presiding Justice Anthony V. Cardona, writing for a 5-0 Appellate Division, Third Department, rejected the argument that noncapital first-degree murder defendants, like those facing the death penalty, are entitled to a presentation of aggravating and mitigating evidence, and that courts must be provided with express criteria.
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